Quote:The state Senate passed a bill Thursday that grants immunity to people with clean criminal records who fire a warning shot or threaten to use deadly force in self-defense. It also seals the court records of those charged with firing a weapon justifiably but who later have those charges dropped.

Already passed by the House, the measure next goes to Gov. Rick Scott for his signature.

The so-called “warning shot” bill is backed heavily by the NRA and other gun groups like Florida Carry, who see it as a way to better protect members facing prosecution or who had been convicted for aggravated assault for firing guns in cases that didn’t involve injuries.

“This is about self-defense,” said the Senate’s sponsor, Sen. Greg Evers, R-Baker. “It’s one more step forward for people to protect themselves.”

The bill passed by a 32-7 vote. Of the nays, only one, Sen. John Legg, of Trinity, is a Republican. Sen. Jeff Brandes, R-St. Petersburg, was absent. Six Democrats, including Sen. Arthenia Joyner, of Tampa, voted against it.

“A Pandora’s box is being opened again,” said Joyner, alluding to the 2005 passage of the controversial “stand your ground” law. “I have great apprehension about what’s inside.”

The bill gained bipartisan support from seven Democrats by satisfying those who wanted a more fair application of “stand your ground” to include cases like that of Marissa Alexander. The Jacksonville woman was sentenced last year to 20 years in prison after firing a shot at her estranged husband. An appeals court has ordered a new trial.

The bill expands “stand your ground” by allowing those who are found to have used justifiable force to expunge court records related to the case, making them unavailable to the public.

Tacked on as an amendment late last month in the House by Rep. Matt Gaetz, R-Fort Walton Beach, the public records exemption was added to the Senate version nearly three weeks earlier — on March 4. The idea came from Sen. Charlie Dean, R-Inverness, a former sheriff who first publicly asked for the records exemption during a Jan. 8 criminal justice committee meeting.

“Somewhere, we need to protect the innocent person’s record,” Dean said in January. “What part of innocence do we not understand? I feel that should be something we should include [in the bill] that would make sure the record is automatically expunged.”

On one hand, warning shots are generally reckless. Even if it is tactically appropriate (there has been a case where a person fired a warning shot and eventually had to shoot someone. Because it was caught on camera everything ended up being ruled a justified shooting*), something will be damaged in the process. In this sense, this is not needed.

On the other hand, I get the sense that this bill allows a person to take an in-between step from using verbal techniques and using distance to using lethal force. This basically gives people a chance to warn a criminal that they are about to be shot, and the good guy doesn't have to worry about being prosecuted for trying to not shoot someone.

*I am not saying this to say that I recommend warning shots, and I don't. All that I am saying is that someone somewhere did use a warning shot in an attempt to avoid shooting someone and a court did not uphold the charges against the person - in that particular instance.

JustinHEMI;140007 Wrote:Although I can't think of any reason I'd ever fire a warning shot, I love shit like this because it makes anti's wet the bed at night.

Justin

I agree, but only as far as it goes. To me, getting this bill passed reminds me of searching and fighting tooth and nail in a bidding war on ebay, only to finally win something you didn't want or need anyway. Just to win. Problem is, now you've won something you can't use. I'd rather put all that energy into something I want and need, something that will make a real difference.

I think I'm perfectly capable of restraining myself from making a warning shot. This actually concerns me because I imagine some fallout from it. You let a couple warning shots go bad, and in a worst-case example an innocent gets killed, and we all get a mega shit-ton of bad press. And for what? What half decent school trains in the use of warning shots? The military? The police? Any private schools?

It's possible this won't turn out badly, but I think it's just a dumb win. It would pay all of us to bear the pendulum in mind. Right now momentum is in our favor and we are winning 2A rights back all over the country at a pretty good clip, but that could backfire on us if we lose sight of the big picture. We don't wan't the pendulum to begin to swing against us anytime soon, and Florida is worse than a kid in a candy store who eats himself sick.

Open carry would have been an infinitely better fight, and they are actually behind on that one. Instead they go for this? Seriously?

Our 2A "enemies" already have plenty of passion and energy. If I'm going to piss them off, I want to be over a win I can defend, and I have a tough time giving this much support.

This rant started out as a sentence, and just grew. I wonder if it even makes sense?

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

JustinHEMI;140007 Wrote:Although I can't think of any reason I'd ever fire a warning shot, I love shit like this because it makes anti's wet the bed at night.

Justin

I agree, but only as far as it goes. To me, getting this bill passed reminds me of searching and fighting tooth and nail in a bidding war on ebay, only to finally win something you didn't want or need anyway. Just to win. Problem is, now you've won something you can't use. I'd rather put all that energy into something I want and need, something that will make a real difference.

I think I'm perfectly capable of restraining myself from making a warning shot. This actually concerns me because I imagine some fallout from it. You let a couple warning shots go bad, and in a worst-case example an innocent gets killed, and we all get a mega shit-ton of bad press. And for what? What half decent school trains in the use of warning shots? The military? The police? Any private schools?

It's possible this won't turn out badly, but I think it's just a dumb win. It would pay all of us to bear the pendulum in mind. Right now momentum is in our favor and we are winning 2A rights back all over the country at a pretty good clip, but that could backfire on us if we lose sight of the big picture. We don't wan't the pendulum to begin to swing against us anytime soon, and Florida is worse than a kid in a candy store who eats himself sick.

Open carry would have been an infinitely better fight, and they are actually behind on that one. Instead they go for this? Seriously?

Our 2A "enemies" already have plenty of passion and energy. If I'm going to piss them off, I want to be over a win I can defend, and I have a tough time giving this much support.

This rant started out as a sentence, and just grew. I wonder if it even makes sense?

I think it makes for good law. I have stand my ground. I don't want to shoot the asshole telling me I dont have the balls to shoot him. If I put one into the ground at his feet on purpose I shouldn't get thrown in jail for illegal discharge or recklessness.I think every arrest that doesnt result in a conviction should be exponged one year after the last active court case.

JustinHEMI;140007 Wrote:Although I can't think of any reason I'd ever fire a warning shot, I love shit like this because it makes anti's wet the bed at night.

Justin

I have to disagree. I think they love laws like this. Now they can use it as an argument against Stand Your Ground and self defense. I can hear them now.

"Well if you just fired a warning shot, like the law says you could, you wouldn't have had to kill that guy on top of your grandmother. Maybe he was raping her, maybe he wasn't. You just shot and killed him. Maybe they tripped over each other, in that back alley, and he was helping her up. You never gave him the chance to explain or run away, so the police can catch him. You're just another one of those Wild West gun owners who shoots people first and asks questions later."

And wait until the first bystander is killed. Holy shit! Think if the children.

(Point made without any name calling or personal attacks...like they should be).

NRA Life Member, NRA Certified Instructor: HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
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